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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

93: Powers of entry and inspection

You could also call this:

"Enforcement officers can enter and inspect places to check if smokefree rules are being followed"

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are in a place where the Smokefree Environments and Regulated Products Act 1990 applies, an enforcement officer can enter it at a reasonable time. The officer must believe it is a place where this Act applies and it is not a house or residential accommodation. The officer can do this to check if the rules are being followed.

When an enforcement officer enters a place, they can inspect it and any products for sale. They can take photos, videos, or recordings, and take air samples. If they think products are being sold there, they can use the powers given by section 94 and check advertising material.

An enforcement officer can be accompanied by a police officer when exercising their powers. The officer can still enter a house or residential accommodation if they have permission from someone who lives there or if they are allowed to under another law. You should know that the officer's powers are limited in certain situations.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428812.

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"People doing their job to enforce this law are protected from getting in trouble"

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"Enforcement officers can ask for ID and details if they think someone broke the smoking and vaping rules."

Part 5Regulations, enforcement, and other matters
Enforcement officers

93Powers of entry and inspection

  1. This section applies to a place if—

  2. this Act imposes duties, restrictions, or prohibitions in respect of places of a kind to which it belongs; or
    1. there is carried out in it, regularly or from time to time, an activity in respect of which this Act imposes duties, restrictions, or prohibitions.

      1. An enforcement officer may at any reasonable time enter a place if—

      2. the officer believes on reasonable grounds that it is a place to which this section applies; and
        1. it is not a dwelling house or other residential accommodation.

          1. An enforcement officer who enters a place under subsection (2) may do any or all of the following things:

          2. inspect the place, including any regulated products for sale at the place:
            1. take photographs, videos, or other recordings with any device brought by the officer:
              1. take samples of the air in the place with any device that the officer brings for that purpose:
                1. if the officer believes on reasonable grounds that the place is a place where regulated products are sold from time to time,—
                  1. exercise the powers given by section 94:
                    1. inspect any advertising or display material relating to regulated products on display in the place, or on the outside of a building containing the place.

                    2. An enforcement officer exercising powers under this section may be accompanied by a constable.

                    3. Subsection (2) does not prevent an enforcement officer from entering a dwelling house or other residential accommodation—

                    4. under authority given by or under an enactment other than this section; or
                      1. with the consent of an occupier.

                        Notes
                        • Section 93: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).